Contents of Administrative procedures - Department of Justice

Procedure Issuing certification as Vietnamese native
Process

Step 1: Citizen fills in the Application Form for issuance of certification of Vietnamese native and submits dossier to the One Stop Shop of Ha Noi Department of Justice for consideration.         
Step 2: One Stop Shop receives and checks dossiers. If the dossier is complete and valid, One Stop Shop will accept it and give the applicant a receipt with an appointment of the time and date for return of the result.  
If the dossier remains incomplete and needs to be added, the applicant shall be advised to add.
    
Step 3: One Stop Shop hands over the dossier for further process according to the law and returns result to the applicant as stipulated.

Where to submit Where to lodge The applicant native submits dossier directly to the Department of Justice, or via postal service. If the applicant being Vietnamese native is minor, or has lost/ has limited capacity for civil act, dossier will be submitted by his/her parents or guardian directly to local Department of Justice in the area where the ward resides. Submission at One Stop Shop of the Ha Noi Department of Justice Address: 1B Tran Phu Street, Ha Dong, Ha Noi Telephone: 0433546151/ or 0433546163
Contents and number of the dossier

Dossier content
- Application Form for certification of Vietnamese native;
- Copies of ID, passport or alternative papers;
-  Copies of papers together with original paper for verification/ notarized copies of papers certifying that the applicant who used to have Vietnamese citizenship was determined by descent at birth, or the applicant’s mother or father, grandmother or grand father used to have Vietnamese citizenship by descent at birth;
- Other papers for reference, including the following:
+ Paper on identity, civil status, nationality stipulated in Clause 2, Article 9 of Joint Circular 05/2010/TTLT/BTP-BNG-BCA, including papers on identity, civil status and nationality issued by old regimes by April 30, 1975;
+ Letter of guarantee of the Vietnamese Association in the country where the applicant is residing, which certifies the applicant as Vietnamese native;
+ Letter of guarantee of the Vietnamese native, which certifies he/ her as Vietnamese native;
+ Papers issued by foreign competent authority, which states Vietnamese citizenship or original Vietnamese citizenship; copies must be submitted together with original papers for verification;
- Three 3x4 photos.

Copies must be notarized, or copies must be submitted together with original papers for verification.
 
Number of dossier: 1 set

Processing duration 05 working days since receiving valid, full dossiers
Objects Vietnamese citizens living in Ha Noi, who apply for certification of Vietnamese native
Competent agency Department of Justice
Outcome - Written confirmation as Vietnamese native; - In case of rejection, the Ha Noi Department of Justice will provide their written answer detailing the reasons for rejection.
Fee None
Form/Declaration

Application Form for certification as Vietnamese native (as stipulated in Joint Circular 05/2013/TTLT/BTP-BNG-BCA dated January 31, 2013): in English/ in Vietnamese

Other requirements If the applicant being Vietnamese native is minor, or has lost/ has limited capacity for civil act, dossier will be submitted by parents or guardian. If dossier is submitted via postal service, the applicant must be present at One Stop Shop of the local Department of Justice to receive result of handling administrative procedures.
Legal basis

- The Vietnamese Law on Citizenship in 2008;
- Government Decree 78/2009/ND-CP on detailing and guiding implementation of some articles of the Vietnamese Law on Citizenship in 2008;
- Circular 08/2010/TT-BTP on guiding forms for citizenship related issues and books of citizenship related issues;    
- Inter-ministerial Circular 05/2010/TTLT/BTP-BNG-BCA on guiding implementation of Government Decree 78/2009/ND-CP dated September 22, 2009 on detailing and guiding implementation of some articles of the Vietnamese Law on Citizenship;
- Inter-ministerial Circular 05/2013/TTLT/BTP-BNG-BCA dated January 31, 2013 on amending, supplementing Article 13 of Inter-ministerial Circular 05/2010/TTLT/BTP-BNG-BCA dated March 1, 2010 of Ministry of Justice, Ministry of Foreign Affairs and Ministry of Public Security on guiding implementation of Decree 78/2009/ND-CP dated September 22, 2009 of the Government on detailing and guiding implementation of some articles of Vietnamese Law on Citizenship.

Administrative procedures

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